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WITNESS RADIO MILESTONES

Lusanja Evictions: Court declines to halt construction

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Businessman Medard Kiconco wanted the court to issue an interim order against the Lusanja residents, stopping them from reconstructing houses on the disputed land. The High Court has declined to halt the ongoing reconstruction of houses on the contested site in Lusanja in Wakiso as requested by businessman Medard Kiconco who claims ownership of the disputed land.

On Wednesday, the deputy registrar of the land division of the High Court, Samuel Emokor, said although Kiconco’s prayer is justified, the order could be abused.

“An order for stay of the reconstruction of the houses could be abused by the applicant and add tension to both parties,” he stated.

The registrar also noted that the exact location of the property is still under contention and it would be unfair to grant the same. Kiconco through his lawyer, Rashid Babu wanted the court to issue an interim order against the Lusanja residents, stopping them from reconstructing houses on the disputed land.

The residents, who turned up in big numbers at the court are represented by lawyers Abdullah Kiwanuka, Luyimbazi Nalukoola and Erias Lukwago.

The lawyers asked the court to first hear the case in which a group of 128 Lusanja residents want to be joined as a party to the case on grounds that they could be prejudiced by the outcome of the case yet they live on the land. However, Kiconco’s lawyer asked the court to throw out the resident’s application, stating that if allowed, it would mean they are forcing his client to sue them yet it is not their property.

In December last year, Kiconco dragged 17 people to the court stating that they were squatters whom he had compensated to vacate the land. They are Patrick Opedo, Harriet Nabuso, Samuel Muyanja, Agnes Namukasa, Madinah Nansereko, Christopher Mbogo, Christine Kayesu, John Ntale, Fred Kanyike, Sam Sserunjobi, Mary Nankabirwa, John Kilabira, Kenneth Kizito, Bashir Kalema, Martin Ntale, Kabuye Ssekitoleko and Scovia Nyanzi.

The residents were jointly sued with the lands state minister Persis Namuganza and Rosemary Sseninde, the state minister for primary education, accusing them of incitement.

Kiconco accuses the ministers of inciting people to stay on his land in spite of the fact that he compensated them of about sh100m. The land in question measuring 3.89 acres is located on Block 206, Plot 671 at Mpererwe in Kampala.He claims that by the time he bought the land from Paul Katabazi Bitarabeho in 2013, there were only 17 squatters, which he compensated.

The disputed land is part of the 85 acres that the late Bitarabeho bought in 1978 from the late Namasole Bagalaayeze Lunkuse, the mother of Kabaka Mwanga of Buganda. He wants the court to declare that the defendants trespassed on to and are illegally occupying his land and should vacate it.

Although Kiconco claims his land is on Block 206, Plot 671 at Mpererwe in Kampala, the residents say their land is on block 198, Folio 13 in Wakiso district.

Lusan

Genesis of the case

On January 12, 2017, Kiconco filed a civil suit at Nabweru Chief Magistrate’s Court seeking orders for abetment of a nuisance, demolition order, and delivery of vacant possession, permanent injunction and award of damages plus costs of the suit.

Chief Magistrate Esther Rebecca Nasambu heard the matter experte (without the defendants filing a defence). On October 3, 2017, Nasambu delivered judgment with orders declaring the defendants as trespassers, a permanent injunction against the defendants, demolition of structures and sh20m in damages plus costs of the case.

It is upon this ruling that Kiconco went to the High Court’s execution and bailiff’s division and secured a demolition order. On August 23, 2018, deputy registrar, Baker Rwatooro issued an eviction order which Kiconco used to evict the Lusanja residents.

The eviction attracted mixed reactions from many Ugandans including President Yoweri Museveni.

On October 16, 2018, President Museveni in the company of Justice Catherine Bamugemereire, the chairperson of the Commission of Land inquiry even visited the locus and halted the demolition of another 240 houses. On December 14, last year, John Eudes Keitirima ruled that the residents were wrongfully evicted from Lusanja land because the trial magistrate had no powers to handle the case.

However, he advised any aggrieved party to institute a substantive case before a right court for trial.

Source – New Vision

WITNESS RADIO MILESTONES

Uganda: CSOs claim Agilis Partners forcibly evicting local communities to pave way for agribusiness; company did not respond

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Witness Radio and its partners have alleged that thousands of people from local and Indigenous communities have been forcefully evicted from their land to make way for Agilis Partners Limited’s large-scale farming operations, in violation of international human rights law.

They have raised concerns about severe human rights abuses including forced evictions and lack of prompt, fair, and adequate compensation; violations of Indigenous peoples’ right to free, prior, and informed consent; abduction, arrest, torture, and judicial harassment of human rights defenders, and alleged sexual violence against women and girls, as well as other negative social and environmental impacts.

Witness Radio and its partners representing PAPs have written to Agilis Partners on several occasions seeking a dialogue between the company and people who have been harmed however, the company has not responded to their communications.

In a letter to Agilis Partners in June 2024, 36 civil society organizations called on Agilis Partners and its financial backers to take immediate action to stop the human rights abuses and harassment committed against community members, engage in dialogue with the communities, and restore the lands to the people that have been displaced.

We invited Agilis Partners to respond to the letter, the company did not respond.

Company Responses

Agilis Partners. No Response.

Source: business-humanrights.org

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: Witness Radio and Partners to Launch Human Rights Monitoring, Documentation, and Advocacy Project Tomorrow.

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By Witness Radio Team.

Witness Radio, in collaboration with Dan Church Aid (DCA) and the National Coalition for Human Rights Defenders (NCHRD), is set to launch the Monitoring, Documentation, and Advocacy for Human Rights in Uganda (MDA-HRU) project tomorrow, 22nd February 2024, at Kabalega Resort Hotel in Hoima District.

The project, funded by the European Union, aims to promote the protection and respect for human rights, and enable access to remedy where violations occur especially in the Mid-Western and Karamoja sub-regions where private sector actors are increasingly involved in land-based investments (LBIs) through improved documentation, and evidence-based advocacy.

The three-year project, which commenced in October 2023, focuses its activities in the Mid-Western sub-region, covering Bulisa, Hoima, Masindi, Kiryandongo, Kikuube, Kagadi, Kibale, and Mubende districts, and Karamoja sub-region, covering Moroto, Napak, Nakapiripirit, Amudat, Nabilatuk, Abim, Kaabong, Kotido, and Karenga districts.

The project targets individuals and groups at high risk of human rights violations, including Human Rights Defenders (HRDs) and Land and Environmental Defenders (LEDs). It also engages government duty bearers such as policymakers and implementers in relevant ministries and local governments, recognizing their crucial role in securing land and environmental rights. Additionally, the project involves officials from institutional duty bearers including the Uganda Human Rights Commission (UHRC), Equal Opportunities Commission, and courts, among others.

Representatives from the international community, faith leaders, and business actors are also included in the project’s scope, particularly those involved in land-based investments (LBIs) impacting the environment.

The project was initially launched in Moroto for the Karamoja region on the 19th of this month with the leadership of the National Coalition for Human Rights Defenders (NCHRD).

According to the project implementors,  the action is organized into four activity packages aimed at; enhancing the capacity and skills of Human Rights Defenders (HRDs) and Land and Environmental Defenders (LEDs) in monitoring, documentation, reporting (MDR), and protection, establishing and reinforcing reporting and documentation mechanisms for advocacy and demand for corporate and government accountability;  providing response and support to HRDs and marginalized communities; and lastly facilitating collaboration and multi-stakeholder engagements that link local and national issues to national and international frameworks and spaces.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Kiryandongo leadership agree to partner with Witness Radio Uganda to end rampant forced land evictions in the district.

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By Witness Radio team.

Kiryandongo district leaders have embraced Witness Radio’s collaboration with the Kiryandongo district aimed at ending the rampant violent and illegal land evictions that have significantly harmed the livelihoods of the local communities in the area.

The warm welcome was made at the dialogue organized by Witness Radio Uganda, Uganda’s leading land and environmental rights watchdog at the Kiryandongo district headquarters, intended to reflect on the plight of land and environmental rights defenders, local and indigenous communities and the role of responsible land-based investments in protecting people and the planet.

Speaking at the high-level dialogue, that was participated in by technical officers, policy implementers, religious leaders, leaders of project affected persons (PAPs), politicians, media, Civil Society Organizations (CSOs), and development partners that support land and environment rights as well as the Land Based Investments (LBIs) Companies in the Kiryandongo district, the leaders led by the District Local Council 5 Chairperson, Ms. Edith Aliguma Adyeri appreciated the efforts taken by Witness Radio organization to organize the dialogue meeting aimed at bringing together stakeholders to safeguard community land and environmental rights in order address the escalating vice of land grabbing in the area.

During the dialogue, participants shared harrowing accounts of the impacts of land evictions and environmental degradation, including tragic deaths, families torn asunder, young girls forced into marriage, a surge in teenage pregnancies, limited access to education, and significant environmental damage which have profoundly affected the lives of the local population in Kiryandongo.

Participants attending the dialogue.

In recent years, Kiryandongo district has been embroiled in violent land evictions orchestrated to accommodate multinational large-scale agriculture plantations and wealthy individuals leaving the poor marginalized.

According to various reports, including findings from Witness Radio’s 2020 research Land Grabs at a Gun Point, the forceful land acquisitions in Kiryandongo have significantly impacted the livelihoods of local communities. It is estimated that nearly 40,000 individuals have been displaced from their land to make room for land-based investments in the Kiryandongo district. However, leaders in the district also revealed in the dialogue that women and children are affected most.

The Kiryandongo Deputy Resident District Commissioner, Mr. Jonathan Akweteireho, emphasized that all offices within the Kiryandongo district are actively involved in addressing the prevalent land conflicts. He also extended a welcome to Witness Radio, acknowledging their collaborative efforts in tackling and resolving land and environmental issues in the district.

“Ladies and gentlemen, we all know that the land rights together with environmental rights have been violated in our district, but because we don’t know what our rights are, because we have not directly done what we could to safeguard our rights and now this is the time that Witness Radio has brought us together to safeguard our rights. I want to welcome you in Kiryandongo and be rest assured that we shall give you all the necessary support to help us manage these rampant cases,” Ms. Adyeri said in her remarks during the dialogue meeting.

The team leader at Witness Radio Uganda, Mr. Geoffrey Wokulira Ssebaggala expressed gratitude to the participants for their active involvement in the dialogue and revealed that Witness Radio’s objective is to find a holistic solution to the escalating land disputes in Kiryandongo district serving as an example to other districts.

“We are here to assist Kiryandongo district in attaining peace and stability because it stands as a hotspot for land grabbers in Uganda. Mismanagement of land conflicts in Uganda could potentially lead to a significant internal conflict. Everywhere you turn, voices are lamenting the loss of their land and property. Kiryandongo, abundant with ranches, suffers from a lack of a structured framework, which amplifies these land conflicts. The influx of wealthy investors further complicates the situation,” Mr. Ssebaggala disclosed.

Within the dialogue, Mr. Ssebaggala emphasized the need for the Kiryandongo district council to pass a by-law aimed at curbing land evictions as an initial step in addressing the prevalent land injustices.

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